Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Highways Act 1980. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Highways Act 1980 1980 CHAPTER 66 An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission. [13th November 1980] Annotations: Modifications etc. (not altering text) C1 Act: definition of "carriageway" applied (1.1.1963) by Pipelines Act 1962 (c. 58, SIF 102), ss. 15(10), 70(3); S.I. 1963/2790, art. 1 Act: definitions ("highway authority", "local highway authority", "special road", "special road authority" and "traffic") applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 26(1)(with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch. Act: definitions ("highway" and "highway authority") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6) Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6) Act: definitions applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 3(1) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6) Act: definition of "highway" applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1) Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19 para. 10 (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1) Act: definitions applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 3(1) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1) Act: definitions ("highway authority" and "local highway authority") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 86(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch. Act: definitions ("carriageway" and "footway") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 105(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch. C2 Act: functions of Minister of Transport (except those exercisable jointly with Secretary of State under ss. 258, 300(2), Sch. 1 paras. 7, 8, 14, 15, 18, 19, 21) now exercisable by Secretary of State by S.I. 1981/238, arts. 2(2), 3(2)(3) 2 Highways Act 1980 (c. 66) Document Generated: 2013-06-27 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Highways Act 1980. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Act: certain functions made exercisable as specified (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 1 (which affecting provisions were revoked (24.3.2009) by S.I. 2009/721, art. 4(1)(2) (subject to art. 4(3)(4)) Act: powers transferred (1.7.1999) (subject to the specified exceptions in the amending S.I.) by S.I. 1999/672, art. 2, Sch. C3 Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xl), Sch. 8 para. 33 Act extended by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(1)(3), Sch. 16 para. 2(4)(d)(6)(9), Sch. 17 paras. 33, 35(1) Act extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)- (10), 190, 193(1), Sch. 25 para. 1(2)(xxv)(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58 Act extended (10.11.1993) by 1993 c. 28, s. 172(5); S.I. 1993/2762, art. 3 C4 Act amended (prosp. in part) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 27, 28 (1) (2) Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 54(1) Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxix); S.I. 1996/218, art. 2 Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(6); S.I. 1996/218, art. 2 Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1 C5 Act: power to exclude conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 61(3)(b) Act: power to apply conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 247(3) C6 Act restricted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 60(1); S.I. 1991/2054, art. 3 C7 Act applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 1(2); S.I. 1991/2288, art. 3, Sch. C8 Act modified by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 35, Sch. 4 paras. 7(1), 10(1) Act modified by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 3, 19, Sch. 3 para. 9 Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, Sch. 2 Pt. I para. 1(2), Pt. III para. 2 Act modified (10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. III para. 44(9) (with s. 84(5)); S.I. 1991/2095, art. 4 Act modified (13.2.1992) by the Severn Bridges Act 1992 (c. 3), s. 3, Sch. 3 para. 5(3) Act modified (1.4.1996) by 1990 c. 8, Sch. 2 Pt. IA (inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. II para. 8 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2) Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 8(1) Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 11 Act modified (28.9.2004 for E. and 15.10.2003 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 38 (with s. 111); S.I. 2004/2202, art. 2(c) (subject to art. 4); S.I. 2005/2847, art. 2(a) (subject to art. 3) C9 Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 10(6) (with arts. 45(1), 48, Sch. 10 paras. 21, 29) Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 37(1) (with arts. 45(1), 48, Sch. 10 paras. 21, 29) C10 Act: certain functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), art. 3, Sch. 1 C11 Act: power to amend conferred (1.10.2010) by Flood and Water Management Act 2010 (c. 29), ss. 28, 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch. C12 Act excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 11(3) (with arts. 3(5), 51, Sch. 10 paras. 68, 85) Commencement Information I1 Act not in force at Royal Assent, see s. 345(2); Act wholly in force at 1.1.1981 Highways Act 1980 (c. 66) 3 Part I – Highway Authorities and Agreements Between Authorities Document Generated: 2013-06-27 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Highways Act 1980. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) PART I HIGHWAY AUTHORITIES AND AGREEMENTS BETWEEN AUTHORITIES Highway authorities 1 Highway authorities: general provision. (1) The Minister is the highway authority for— (a) any highway which is a trunk road; [F1(aa) any special road provided by him;] (b) any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road; (c) any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below; (d) any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority.